Community trade mark - Opposition proceedings - Application for a Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Facts raised for the first time before the Board of Appeal - Extent of the examination carried out by the Board of Appeal.

Judgment of the Court of First Instance (Third Chamber) of 4 October 2007 – Advance Magazine Publishers v OHIM – Capela & Irmãos (VOGUE) (Case T-481/04) Community trade mark – Opposition proceedings – Application for a Community word mark VOGUE – Earlier national word mark VOGUE Portugal – Facts raised for the first time before the Board of Appeal – Extent of the examination carried out by the Board of Appeal Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(2)) (see paras 20-21) Re: ACTION brought against the decision of the Second Board of Appeal (OHIM) of 27 September 2004 (Case R 328/2003-2) concerning opposition proceedings between J. Capela & Irmãos, Lda and Advance Magazine Publishers, Inc. Information relating to the case Applicant for the Community trade mark: Advance Magazine Publishers, Inc. Community trade mark sought: Word mark VOGUE for goods and services in Classes 9, 14, 16, 18, 25 and 41 – Application No 183756 Proprietor of the mark or sign cited in the opposition proceedings: J. Capela & Irmãos, Lda Mark or sign cited in opposition: National word mark VOGUE Portugal for goods in Class 25 and company name VOGUE – SAPATARIA Decision of the Opposition Division: Community trade mark refused for the goods and services in question Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 September 2004 (Case R 328/2003-2); 2. Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.